Mental Health Act 2016
sec.180AParticular statements not admissible
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sec.180A Particular statements not admissible
Neither of the following is admissible in evidence against the person in any civil or criminal proceeding— a statement made by the person during an examination of the person under an examination order; a statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 . Subsection (1) applies to statements made orally or in writing and whether on oath or otherwise. However, subsection (1) does not apply to a proceeding for— contempt of the court; or an offence against the Criminal Code , chapter 16 . Also, subsection (1) (b) does not apply to a proceeding before the Mental Health Court. s 180A ins 2017 No. 3 s 15 amd 2022 No. 1 s 60 (sec.180A-ssec.1) Neither of the following is admissible in evidence against the person in any civil or criminal proceeding— a statement made by the person during an examination of the person under an examination order; a statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 . (sec.180A-ssec.2) Subsection (1) applies to statements made orally or in writing and whether on oath or otherwise. (sec.180A-ssec.3) However, subsection (1) does not apply to a proceeding for— contempt of the court; or an offence against the Criminal Code , chapter 16 . (sec.180A-ssec.4) Also, subsection (1) (b) does not apply to a proceeding before the Mental Health Court.
- (a) a statement made by the person during an examination of the person under an examination order;
- (b) a statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 .
- (a) contempt of the court; or
- (b) an offence against the Criminal Code , chapter 16 .